• Mar
    29
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What Are Some Examples Of Comparative Negligence In Premises Accidents?

    Comparative Negligence

    When a person is hurt while on a property owned by another individual or entity, the owner may be held legally responsible for the damages that the injured party experienced. The question of responsibility starts with whether the owner acted responsibly in their maintenance of the property and made sure that it was safe for anybody who might visit. Doing so is referred to as the “duty of care”. Failure to uphold that duty leads to premises liability, or being required to compensate the injured person for their actual expenses, as well as additional damages such as pain and suffering or even punitive damages meant to exact punishment for reckless behavior.

    There are many different types of injuries that can occur on another’s property leading to premises liability lawsuits, ranging from animal and dog bite injuries to swimming pool injuries. Premises liability lawsuits have been filed over negligent or inadequate security and inadequate maintenance, and the most common premises liability incidents involve slip and fall accidents, whether on an individual’s private property or in a retail environment.

    When a person files a personal injury lawsuit based on premises liability, there are several questions that need to be answered. Though some of the questions go to their status and reason for being on the property, and whether they were invited onto the property or whether they were trespassing. Unless they are children, trespassers are generally not afforded the same ability to pursue compensation if they are injured on another person’s property unless they can prove that the owner tried to hurt them on purpose.

    Other essential questions have to do with whether the individual acted responsibly themselves or whether they might have contributed to their own injury. Though property owners are expected to keep their property safe and to make repairs or fixes that will keep visitors safe, many states limit the amount of liability that an owner has based on the actions of the person who was injured. If the person who was injured is proven to have acted irresponsibly and to have failed to try to keep themselves safe, they are likely to be seen as being at comparative fault. When a jury hearing a premises liability case assigns comparative fault, they first determine what compensation is owed to the injured individual, then determine what percentage of liability lies with the owner and what percentage lies with the individual. If, for example, a jury determines that a person who fell on a slippery floor is 10% responsible for their own injury in a case where they have determined that compensation should be $1 million, then the property owner would only be required to pay them $900,000.

    If you have been injured on another person or entity’s property and you believe it was the result of negligence, you may be entitled to pursue compensation for the damages that you suffered. Contact us today to learn more about your rights.

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